Akhil Reed Amar, The Constitution and Criminal Procedure: First Principles New Haven: Yale University Press, 1997, xi + 272 pp.

Akhil Reed Amar, The Constitution and Criminal Procedure: First Principles New Haven: Yale University Press, 1997, xi + 272 pp.

Much ink has already been spilled on the relationship of constitutional originalism to precedent. The debate includes contributions from Randy Barnett, Steven Calabresi, Kurt Lash, Gary Lawson, John McGinnis with Michael Rappaport, Michael Paulsen, and Lee Strang, not to mention Justice Antonin Scalia—all representing originalism in some form. Living constitutionalism has also been represented both implicitly and explicitly, with important contributions from Phillip Bobbitt, Ronald Dworkin, Michael Gerhardt, Randy Kozel, and David Strauss. Some writers are more difficult to classify; (...) class='Hi'>Akhil Amar comes to mind. And there are many other contributions to the debate. Opinions range from the view that precedent should invariably prevail over the original public meaning of the constitutional text to the polar opposite view, that precedent must give way to original meaning in almost every case. Here is the roadmap. Part I provides a brief introduction to contemporary originalism. Part II describes the problem of precedent for originalism, emphasizing that the nature of the problem depends in part on our understanding of precedent. Part III offers some reflections on the question as to the constitutional status of the doctrine of horizontal stare decisis in the United States Supreme Court. (shrink)

Clinical trials for acute conditions such as myocardial infarction and stroke pose challenges related to informed consent due to time limitations, stress, and severe illness. Consent processes shou...

In response to its current crisis, scholars call for the revitalisation of democracy through democratic innovations. While they make ample use of life metaphors describing democracy as a living organism, no comprehensive understanding of ‘life’ has been established within democratic theory. The Black Lives Matter (BLM) movement articulates the urgency of refocusing on life and its meaning through radical democratic practice. This article employs a grounded theory approach, enriched with participatory methods, to develop a radical democratic concept of life in (...) conversation with BLM. It conceptualises life as the existence of a perspective that constantly transforms through its fundamental interconnectedness. Building on this concept, the article outlines four principles of a living democracy that go beyond the revitalisation discourse. A living democracy (1) safeguards the existence of all humans and nonhumans, (2) nurtures a diversity of perspectives, (3) fosters social and planetary connectivity, and (4) enables self- and collective transformation. (shrink)

This volume contains essays that examine infinity in early modern philosophy. The essays not only consider the ways that key figures viewed the concept. They also detail how these different beliefs about infinity influenced major philosophical systems throughout the era. These domains include mathematics, metaphysics, epistemology, ethics, science, and theology. Coverage begins with an introduction that outlines the overall importance of infinity to early modern philosophy. It then moves from a general background of infinity up through Kant. Readers will learn (...) about the place of infinity in the writings of key early modern thinkers. The contributors profile the work of Descartes, Spinoza, Leibniz, and Kant. Debates over infinity significantly influenced philosophical discussion regarding the human condition and the extent and limits of human knowledge. Questions about the infinity of space, for instance, helped lead to the introduction of a heliocentric solar system as well as the discovery of calculus. This volume offers readers an insightful look into all this and more. It provides a broad perspective that will help advance the present state of knowledge on this important but often overlooked topic. (shrink)

This paper explains how to use a new software tool for argument diagramming available free on the Internet, showing especially how it can be used in the classroom to enhance critical thinking in philosophy. The user loads a text file containing an argument into a box on the computer interface, and then creates an argument diagram by dragging lines from one node to another. A key feature is the support for argumentation schemes, common patterns of defeasible reasoning historically know as (...) topics . Several examples are presented, as well as the results of an experiment in using the system with students in a university classroom. (shrink)

The United Kingdom’s approach to encouraging environmentally positive behaviour has been three-pronged, through voluntarism, incentives and regulation, and the balance between the approaches has fluctuated over time. Whilst financial incentives and regulatory approaches have been effective in achieving some environmental management behavioural change amongst farmers, ultimately these can be viewed as transient drivers without long-term sustainability. Increasingly, there is interest in ‘nudging’ managers towards voluntary environmentally friendly actions. This approach requires a good understanding of farmers’ willingness and ability to take (...) up environmental activities and the influences on farmer behavioural change. The paper aims to provide insights from 60 qualitative farmer interviews undertaken for a research project into farmers’ willingness and ability to undertake environmental management, particularly focusing on social psychological insights. Furthermore, it explores farmers’ level of engagement with advice and support networks that foster a genuine interest, responsibility and a sense of personal and social norm to sustain high quality environmental outcomes. Two conceptual frameworks are presented for usefully exploring the complex set of inter-relationships that can influence farmers’ willingness to undertake environmental management practices. The research findings show how an in-depth understanding of farmer’s willingness and ability to adopt environmental management practices and their existing level of engagement with advice and support are necessary to develop appropriate engagement approaches to achieve sustained and durable environmental management. (shrink)

This paper studies the modelling of legal reasoning about evidence within general theories of defeasible reasoning and argumentation. In particular, Wigmore's method for charting evidence and its use by modern legal evidence scholars is studied in order to give a formal underpinning in terms of logics for defeasible argumentation. Two notions turn out to be crucial, viz. argumentation schemes and empirical generalisations.

Background Informed consent is a requirement for all research. It is not, however, clear how much information is sufficient to make an informed decision about participation in research. Information on an online questionnaire about childhood development was provided through an unfolding electronic participant sheet in three levels of information. Methods 552 participants, who completed the web-based survey, accessed and spent time reading the participant information sheet (PIS) between July 2008 and November 2009. The information behaviour of the participants was investigated. (...) The first level contained less information than might be found on a standard PIS, the second level corresponded to a standard PIS, and the third contained more information than on a standard PIS. The actual time spent on reading the information provided in three incremental levels and the participants' evaluation of the information were calculated. Results 77% of the participants chose to access the first level of information, whereas 12% accessed the first two levels, 6% accessed all three levels of information and 23% participated without accessing information. The most accessed levels of information were those that corresponded to the average reading times. Conclusion The brief information provided in the first level was sufficient for participants to make informed decisions, while a sizeable minority of the participants chose not to access any information at all. This study adds to the debate about how much information is required to make a decision about participation in research and the results may help inform the future development of information sheets by providing data on participants' actual needs when deciding about questionnaire surveys. (shrink)

Legal reasoning requires identification through search of authoritative legal texts that apply to a given legal question. In this paper, using a network representation of US Supreme Court opinions that integrates citation connectivity and topical similarity, we model the activity of law search as an organizing principle in the evolution of the corpus of legal texts. The network model and probabilistic search behavior generates a Pagerank-style ranking of the texts that in turn gives rise to a natural geometry of the (...) opinion corpus. This enables us to then measure the ways in which new judicial opinions affect the topography of the network and its future evolution. While we deploy it here on the US Supreme Court opinion corpus, there are obvious extensions to large evolving bodies of legal text. The model is a proxy for the way in which new opinions influence the search behavior of litigants and judges and thus affect the law. This type of “legal search effect” is a new legal consequence of research practice that has not been previously identified in jurisprudential thought and has never before been subject to empirical analysis. We quantitatively estimate the extent of this effect and find significant relationships between search-related network structures and propensity of future citation. This finding indicates that “search influence” is a pathway through which judicial opinions can affect future legal development. (shrink)

We construct the set of the title, answering a question of Cholak, Jockusch, and Slaman [1], and discuss its connections with the study of the proof-theoretic strength and effective content of versions of Ramsey's Theorem. In particular, our result implies that every ω-model of RCA 0 + SRT 2 2 must contain a nonlow set.

We exploit properties of certain directed graphs, obtained from the families of sets with special effective enumeration properties, to generalize several results in computable model theory to higher levels of the hyperarithmetical hierarchy. Families of sets with such enumeration features were previously built by Selivanov, Goncharov, and Wehner. For a computable successor ordinal α, we transform a countable directed graph into a structure such that has a isomorphic copy if and only if has a computable isomorphic copy.A computable structure is (...) categorical if for all computable isomorphic copies of , there is an isomorphism from onto , which is . We prove that for every computable successor ordinal α, there is a computable, categorical structure, which is not relatively categorical. This generalizes the result of Goncharov that there is a computable, computably categorical structure, which is not relatively computably categorical.An additional relation R on the domain of a computable structure is intrinsically on if in all computable isomorphic copies of , the image of R is . We prove that for every computable successor ordinal α, there is an intrinsically relation on a computable structure, which not relatively intrinsically . This generalizes the result of Manasse that there is an intrinsically computably enumerable relation on a computable structure, which is not relatively intrinsically computably enumerable.The dimension of a structure is the number of computable isomorphic copies, up to isomorphisms. We prove that for every computable successor ordinal α and every n≥1, there is a computable structure with dimension n. This generalizes the result of Goncharov that there is a structure of computable dimension n for every n≥1.Finally, we prove that for every computable successor ordinal α, there is a countable structure with isomorphic copies in just the Turing degrees of sets X such that relative to X is not . In particular, for every finite n, there is a structure with isomorphic copies in exactly the non- Turing degrees. This generalizes the result obtained by Wehner, and independently by Slaman, that there is a structure with isomorphic copies in exactly the nonzero Turing degrees. (shrink)

We show, for each computable ordinal α and degree $\alpha > {0^{\left( \alpha \right)}}$, the existence of a torsion-free abelian group with proper α th jump degree α.

We define the notion of a completely determined Borel code in reverse mathematics, and consider the principle $CD - PB$, which states that every completely determined Borel set has the property of Baire. We show that this principle is strictly weaker than $AT{R_0}$. Any ω-model of $CD - PB$ must be closed under hyperarithmetic reduction, but $CD - PB$ is not a theory of hyperarithmetic analysis. We show that whenever $M \subseteq {2^\omega }$ is the second-order part of an ω-model (...) of $CD - PB$, then for every $Z \in M$, there is a $G \in M$ such that G is ${\rm{\Delta }}_1^1$-generic relative to Z. (shrink)

We characterize the structure of computably categorical trees of finite height, and prove that our criterion is both necessary and sufficient. Intuitively, the characterization is easiest to express in terms of isomorphisms of (possibly infinite) trees, but in fact it is equivalent to a Σ03-condition. We show that all trees which are not computably categorical have computable dimension ω. Finally, we prove that for every n≥ 1 in ω, there exists a computable tree of finite height which is δ0n+1-categorical but (...) not δ0n-categorical. (shrink)

Coastal ecosystems are increasingly dominated by humans. Consequently, the human dimensions of sustainability science have become an integral part of emerging coastal governance and management practices. But if we are to avoid the harsh lessons of land management, coastal decision makers must recognize that humans are one of the more coastally dependent species in the biosphere. Management responses must therefore confront both the temporal urgency and the very real compromises and sacrifices that will be necessary to achieve a sustainable coastal (...) ecosystem, one that is economically feasible, socially just, and ecologically sound. (shrink)

There is growing political pressure for farmers to use more sustainable agricultural practices to protect people and the planet. The farming press could encourage farmers to adopt sustainable practices through its ability to manipulate discourse and spread awareness by changing the salience of issues or framing topics in specific ways. We sought to understand how the UK farming press framed sustainable agricultural practices and how the salience of these practices changed over time. We combined a media content analysis of the (...) farming press alongside 60 qualitative interviews with farmers and agricultural advisors to understand whether the farming press influenced farmers to try more sustainable practices. Salience of sustainable agricultural practices grew between 2009 and 2020. Many of the practices studied were framed by the press around economic and agronomic aspects, and farmer respondents said the most common reasons for trying sustainable agricultural practices were for economic and agronomic reasons. The farming press tended to use more positive rather than negative tones when covering sustainable agricultural practices. Respondents used the farming press as a source of information, though many did not fully trust these outlets as they believed the farming press were mouthpieces for agribusinesses. Whilst a minority of farmers stated they were motivated to try a new sustainable agricultural practice after learning about it in the farming press, this was rare. Instead, the farming press was used by respondents to raise their awareness about wider agricultural topics. We reflect on the role and power given to agribusinesses by the farming press and what this means for agricultural sustainability. (shrink)

The lateralized ERP N2pc component has been shown to be an effective marker of attentional object selection when elicited in a visual search task, specifically reflecting the selection of a target item among distractors. Moreover, when targets are known in advance, the visual search process is guided by representations of target features held in working memory at the time of search, thus guiding attention to objects with target-matching features. Previous studies have shown that manipulating working memory availability via concurrent tasks (...) or within task manipulations influences visual search performance and the N2pc. Other studies have indicated that visual vs. spatial working memory manipulations have differential contributions to visual search. To investigate this the current study assesses participants' visual and spatial working memory ability independent of the visual search task to determine whether such individual differences in working memory affect task performance and the N2pc. Participants completed a visual search task to elicit the N2pc and separate visual working memory and spatial working memory assessments. Greater SPWM, but not VWM, ability is correlated with and predicts higher visual search accuracy and greater N2pc amplitudes. Neither VWM nor SPWM was related to N2pc latency. These results provide additional support to prior behavioral and neural visual search findings that spatial WM availability, whether as an ability of the participant's processing system or based on task demands, plays an important role in efficient visual search. (shrink)

Deliberations and discussions on inter-caste relationships in South Asia so far have been fixed within the confines of heterosexuality. Not only are heterosexual inter-caste relationships the default imagination of an inter-caste love, but also notions of heteronormativity dominate discussions of inter-caste love, relationship and, importantly, inter-caste marriages. In asking ‘queer’ questions about caste, this article analyses what an inter-caste dynamic means for social movements which rally around notions of love and desire or choose to reject them. This article recentres desire (...) and intimacy into caste to imagine queer (im)possibilities of dalit love. In doing so, the article asks: where is the dalit lover? Building upon conversations and interviews with five dalit-queer scholars, intellectuals and activists, as well as provocations offered by them, this article complicates ‘inter-caste love’ itself as a site of power and politics, of social categorisation as well as of critical theorisation. (shrink)

Collaborative undergraduate research has been shown to benefit both student participants and faculty mentors, but it is much more widely practiced in the natural sciences than in the humanities. We argue that one key reason why collaborative undergraduate research is seldom practiced in philosophy is because we philosophers have been trained to conceive of ourselves as doing research in the stove-heated room of Descartes rather than in the agora of Socrates. We discuss two types of collaborative undergraduate research projects that (...) philosophers can conduct with students in the agora, namely, projects in traditional subdisciplines of philosophy and projects in the scholarship of teaching and learning in philosophy. We argue that some projects of each type can benefit participating students and faculty mentors alike. (shrink)

We divide the class of infinite computable trees into three types. For the first and second types, 0' computes a nontrivial self-embedding while for the third type 0'' computes a nontrivial self-embedding. These results are optimal and we obtain partial results concerning the complexity of nontrivial self-embeddings of infinite computable trees considered up to isomorphism. We show that every infinite computable tree must have either an infinite computable chain or an infinite Π01 antichain. This result is optimal and has connections (...) to the program of reverse mathematics. (shrink)

We show that if H is an effectively completely decomposable computable torsion-free abelian group, then there is a computable copy G of H such that G has computable orders but not orders of every degree.

In our first study, undergraduate students (30 men, 30 women) evaluated the ethical acceptability of two previously published studies that used guided imagery in rape situations. In one, women imagined themselves as rape victims; in the other, men imagined themselves as rapist. Most students rated the research acceptable, but there was a significant interaction (g < .05): Women found the study of women as victim less ethical, and men found the study of men as rapist less ethical. In our second (...) study, 30 noncollege women evaluated the research on women as rape victims. After reading the scenario, none of these women said they would have agreed to participate or thought the research was ethically acceptable. We discuss issues of informed consent, demands of the research situation, and potential benefits and risks. (shrink)

We study the filter ℒ*(A) of computably enumerable supersets (modulo finite sets) of an r-maximal set A and show that, for some such set A, the property of being cofinite in ℒ*(A) is still Σ0 3-complete. This implies that for this A, there is no uniformly computably enumerable “tower” of sets exhausting exactly the coinfinite sets in ℒ*(A).

In this paper, we investigate the Lindenbaum algebra ℒ of the theory T fin = Th of the class M fin of all finite models of a finite rich signature. We prove that this algebra is an atomic Boolean algebra while its Gödel numeration γ is a [Formula: see text]-numeration. Moreover, the quotient algebra /ℱ, γ/ℱ) modulo the Fréchet ideal ℱ is a [Formula: see text]-algebra, which is universal over the class of all [Formula: see text] Boolean algebras. These conditions (...) characterize uniquely the algebra ℒ; moreover, these conditions characterize up to recursive isomorphism the numerated Boolean quotient algebra /ℱ, γ/ℱ). These results extend the work of Trakhtenbrot [17] and Vaught [18] on the first order theory of the class of all finite models of a finite rich signature. (shrink)

Editors’ Introduction: Radical Philosophy and Politics Amid the Climate Crisis and the Coronavirus Pandemic for Radical Philosophy Review.